Nursing Home Discharge and Eviction Rights in Maine

A billing department calls to say your parent's Medicare days are up and they need to be out by Friday. Or worse — an assisted living facility threatens eviction because the MaineCare application hasn't been approved yet.

Both situations are terrifying, and both have legal protections most families don't know about.

Nursing Home Eviction Protections

Under federal Medicaid regulations and Maine's licensing rules (10-144 C.M.R. Ch. 112), a certified nursing facility can only involuntarily discharge a resident for specific, limited reasons:

• The resident's health has improved enough that facility care is no longer needed
• The resident's health has declined to where the facility can no longer meet their needs
• The safety of other residents is endangered
• The facility is closing

Non-payment alone is not grounds for eviction while a MaineCare application is pending. This is the protection most families don't realize they have. If your parent has applied for MaineCare and the application is still being processed — including any appeals — the nursing home cannot legally discharge them for non-payment.

The MaineCare Pending Period

The gap between submitting a MaineCare application and receiving approval is the most anxiety-filled period for families. Nursing homes face cash-flow pressure and may use aggressive language about "non-payment." Here's what families need to know:

The resident has the right to remain. The facility must stop all involuntary discharge actions while the MaineCare application — and any subsequent appeals — are under review.

Pay the estimated patient liability. Even though the full bill isn't covered yet, families should calculate and pay the resident's estimated monthly share of cost (gross monthly income minus allowable deductions like health insurance premiums and the $73 personal needs allowance). This demonstrates good faith and prevents a large retroactive debt from accumulating.

Document everything. Keep copies of the MaineCare application, all correspondence with the Office for Family Independence, and any written or verbal threats from the facility about discharge.

Assisted Living Eviction Rules

Assisted living and residential care facilities (Private Non-Medical Institutions) in Maine operate under 10-144 C.M.R. Ch. 113 and Ch. 115, which have different — and historically weaker — eviction protections than nursing homes.

An involuntary, non-emergency discharge from a licensed assisted housing program requires at least 15 days of advance written notice. This notice must include:

• The specific reasons for the discharge
• The effective date
• The resident's right to appeal
• Contact information for the Maine Long-Term Care Ombudsman Program (1-800-499-0229)

The facility is legally required to produce a safe and orderly discharge plan. If no safe discharge plan can be formulated, the discharge cannot legally proceed.

Under the federal HCBS Final Rule (effective March 2023), Medicaid-funded assisted living residents have "comparable protections" to local landlord-tenant laws — meaning a 30-day written notice and an opportunity to appeal before any eviction can take effect.

Hospital-to-Facility Readmission Rights

If your parent is sent from an assisted living facility to the hospital, Maine's licensing rules require the facility to readmit the resident upon discharge — unless the resident has exceeded their contractual bed-hold period or meets criteria for an emergency discharge.

If the facility refuses readmission, the resident or their guardian can file an immediate appeal with a state hearings officer. The facility must hold the resident's space pending the appeal outcome.

How to Fight Back

If a Maine nursing home or assisted living facility is threatening to discharge your parent:

1. Contact the Long-Term Care Ombudsman: 1-800-499-0229. They investigate resident care complaints and rights violations, and can intervene directly with the facility
2. Request the discharge notice in writing. Verbal threats are not valid discharge notices
3. File an appeal. Both nursing home and assisted living residents have the right to a hearing
4. Contact Legal Services for the Elderly: 1-800-750-5353 for free legal assistance for Mainers 60+

The Hospital-to-Home Maine guide covers the full spectrum of eviction protections, appeal procedures, and MaineCare-pending strategies to keep your parent safely housed during the application process.

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